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Fighting back against deportation

On Behalf of | Sep 16, 2021 | Immigration Law

Deportation is the forced removal of a foreign national from Kentucky and results from an alien’s commission of a legally prohibited act. Deportation is a serious action and can result in the permanent removal of an alien up to and including being barred from ever returning. Despite the frightening prospect of being expelled from the US, the multi-layers of defense offer the alien a strong ability to redress the removal.

Appealing a deportation order

The infractions for which an alien may subject themselves to an Order of Deportation (OD) often involve crimes of moral turpitude, particularly fraud. Fraud is a broad category but is pervasive in many acts that elicit an OD, such as marriage fraud, tax fraud, and indeed fraud on an immigration application or supporting documentation.

Even though the alien may not be a permanent resident, they still have rights under U.S. laws. And, those laws are the basis for the alien’s ability to fight his deportation order in court. They can appeal the order and can take the case all the way to the Supreme Court.

When an alien is found in violation of a US law that triggers an OD, Immigration and Customs Enforcement will issue a Notice to Appear in immigration court with the time and date required to do so. At the deportation hearing, the judge will verify the facts of the case and determine whether or not the alien should be deported. If the court cannot make a decision on the day of the hearing, it will issue a written determination after studying the facts further.

Time is of the essence

If the alien is determined to be guilty as charged and the judge orders deportation, the alien can seek relief from deportation if that option is available for those in this situation. If they are entitled to seek such relief, a new hearing date will be scheduled with the Board of Immigration Appeals within 30 days. If the alien’s OD is upheld, they can appeal.